The majority of members of the House of Lords voted against giving a Joint Committee of both Houses of Parliament the power to decide if a referendum was required following Parliamentary agreement to transfer more powers to the European Union. The Bill as it stood, and as it remained following this vote, allowed an exemption from a referendum only if a Bill amending an EU treaty states the conditions for a referendum set out in Section 4 of the European Union Bill were not met.

Those members of the House of Lords voting "Content" were opening the possibility of not having a referendum following the passing of an Act approving the transfer of powers from the UK to the EU.

The majority of Not-Contents voted against the following amendment which would have taken effect on Clause 2 of the European Union Bill:

Amendment 5A: Clause 2, page 2, line 24, after "that" insert-

after "that" insert- "

(a) a referendum does not need to be held in accordance with section (Process for determining the necessity of referendums); or

(b)

This vote then leaves this text in Clause 2 as stands:

‘The exemption condition is that the Act providing for the approval of the treaty states that the treaty does not fall within section 4.’

The "Process for determining the necessity of referendums" mentioned in the amendment was described in a subsequent amendment, 5B*[2], subclause 1 of which stated:

(1) There is to be a joint committee composed of members of both Houses of Parliament established for the purpose of examining whether a referendum is necessary under this Act.

Clause 2[1] sets out what will happen should any changes or replacement be made to the TEU[3] and TFEU[4]. A statement explaining this treaty would need to be given to Parliament, an Act of Parliament and a referendum would also be required, unless a condition is met that means a referendum is not necessary.

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